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HomeMy WebLinkAboutHeatherwood Master Deed Second Amendment 05.23.96 SECOND AMENDMENT TO MASTER DEE , OF HEATHERWOOD AT KINGS WAY This Second Amendment to Master Deed of Heatherwood at Kings Way (this "Second Amendment") is made and entered into as of the day of May, 1996 by ichael T. Downey, Trustee of the O'Connell Heatherwood Nominee Trust under Declaration of Trust dated August 25, 1993 and filed with Barnstable Registry tstrict of the d Court (the "Registry District") as Document No. 591520 (hereinafter, the "Declarant", which term and any pronoun referring thereto shall be deemed to mean said Trust and its beneficiaries from time to time and its successors and assigns). Reference is made to the Master Deed of Heatherwood at Kings Way (the "Master Deed") dated August 18, 1989, and filed with the Registry District as Document No. 489832, as amended by First Amendment to Master Deed dated February 8, 1990, filed with the - Registry District on March 26, 1990 as Document No. 503.180, which Master Deed establishes a condominium known as Heatherwood at Kings Way (the "Condominium"). The Condominium includes the land and the improvements located thereon in Yarmouth, Massachusetts, which land is shown as Lot 51 on Land Court Plan No. 34279G. The Condominium is registered under Master Condominium Certificate of Title No. C-279. Any capitalized term not specifically defined herein shall have the meaning ascribed to it in the Master Deed. Pursuant to the rights reserved in Section 1.(a) of the Master Deed, and as provided for in Section 16.B of the Master Deed, the Declarant hereby amends the Master Deed as follows: 1. The following 27 Additional Units are hereby added to the Condominium: 4108, 4109, 4110, 4111, 4112, 4113, 3 4114, 4115, 411,6, 4118, 4201, 4202, 4203, 4204, 4205, 4206, 4207, 4208, 4209, 4210, 421'1, 4212, 4213, 4214 4215, 4216, 4213 2. The foregoing 27 Additional Units are located in Additional Buildings known as Building E (as in Echo) and Building I (as in Indigo) and which are shown on the Amended Master Site Plan filed with this Second Amendment to Master Deed. Building E and Building I shall constitute Phase III of the Condominium. The foregoing Additional Units shall be known as the Phase III Units. 3. Filed herewith is a set of floor plans for the Phase III Units showing the layout,location within Building E or Building I, unit numbers and dimensions of such Units, and bearing the verified statement of a registered architect as required by §8(t) of the Condominium Statute. 4. Each of the Phase III Units is of the same size and type as a Phase I Unit or a Phase II Unit. or of one of the following other sizes and types: EXHIBIT (4 Pa_es An OXFORD Unit contains one bedroom, one bathroom, living room, den, kitchen, and includes approximately 937 square feet 5. The designation of each of the units of the Condominium, including the Phase I Units, the Phase II Units and the Phase III Units, and the approximate area, number of rooms, immediately accessible common areas and current proportionate interest in the Common Elements of each such Unit, are set forth on Schedule A attached hereto and incorporated herein by this reference. The attached Schedule A supersedes and replaces the Schedule A which is attached to the First Amendment to Master Deed. 6. Each Unit has appurtenant thereto a proportionate interest in the Common Elements, as set forth on Schedule A attached hereto, which is determined with reference to a base number which is assigned to each Unit type (the "Base"). The Bases for all Unit types included in Phase I, Phase II and - Phase III of the Condominium are as follows: Wellington 1.000 Kent 1.061 Oxford 1.152 Devon 1.348 Cardiff 1.333 Barrington 1.303 Adderly 1.394 Manchester 1.667 Dorset 1.515 Cornwall 1.636 Richmond 1.636 7. In addition to the aforementioned 27 Units, 'tional Common Areas and Facilities are hereby added to the Condominium, whi c nsi ose areas of Building E and Building I which do not constitute Units and which include, without limitation (i) the items, areas and facilities described in Section 6, Subsections (a)-(g) (except the areas and facilities which are described in said subsections but which are already included in the Common Areas and Facilities by virtue of the Master Deed), and (ii) 14 assisted living suites ("Assisted Living Suites") each designed for occupancy y� persons who are unable to independently and require assistance with everyday activities, including drssin°-groodng. m_o_ty and medication. eT l ssisted Living_Suites are cr ted as Common Areas and Facilities by Declarant with the express understanding that the Assisted Living Suites and certam.other Common Areas and Facilities within the Condominium intended to serve the occupants of the Assisted Living Suites will be leased to an entity designated by the Declarant for a period and on terms and co rtizf as are agreed t0 by the Trustees-of' the Condominium Trust and such lessee. 8. In addition to all rights reserved to Declarant under the Master Deed, and notwithstanding the establishment of Assisted Living Suites as Common Areas and Facilities, Declarant hereby reserves the right at any time and from time to time, pursuant to the procedures—s-eiforth in Section 16. o e aster eed, to create one or more Additional Units from the Assisted Living Suites, and to make such otheramendmeas to the Master Deed as are deemed necessary or convenient by Declarant in its sole discretion, to facilitate such creation of Additional Units, and the marketability and sale, lease, or other disposition of such Additional Units. 9. As a result of this Second Amendment to Master Deed, the improvements now include a series of connected two story wood frame buildings on poured concrete foundations, identified on the Amendment Master Site Plan referred to above, as Buildings C, D, E, G, H, I and J, each containing not more than twenty-four (24) residence Units, and containing one hundred forty-two.(142) Units in the aggregate. 10. Reference is made to Section 10 and 11 of the Master Deed for specific restrictions on the uses of Units including, without limitation, the restriction that each of the Units is intended to be used solely for single family residence purposes by persons at least one of whom has reached fifty-five (55) years of age and not more than one of whom is less than fifty-five (55) years of age (exclusive of a health care professional or other person providing health care services to the residents of the Unit). This Second Amendment is made by the Declarant for itself and on behalf of all current and future Unit Owners and Unit mortgagees and its and their respective heirs, administrators, successors, assigns and legal representatives. Because this Second Amendment is made pursuant to Section 16.B of the Master Deed. this Second Amendment is not a material amendment, as that term is defined in Section 17 of the Master Deed, and therefore it does not require the consent of any Eligible Mortgage Holder. The Declarant hereby certifies that the Phase III Units (i) are compatible with the Phase I Units and the Phase II Units and are of comparable architectural style, (ii) are' substantially completed as of the date hereof, and (iii) are consistent with the Phase I Units and Phase II Units in terms of quality and construction. Assessments for common charges and expenses attributable to each Phase III Unit, and the right of the owner of each Phase III Unit to exercise his or her voting rights, shall commence upon the filing of this Second Amendment with the Registry District. } ; °pan w Nothing contained in this Second Amendment shall be deemed or construed to vitiate or impair (i) the rights reserved to and conferred upon the Declarant in and by provisions of the Master Deed to further amend the Master Deed without the consent of any Unit Owner so as to include Additional Units and Additional Common Elements in the Condominium. the use of which may be limited, in the manner provided in the Master Deed; or (ii) the rights reserved to and conferred upon the Declarant in and by any other provisions of the Master Deed. The above named Michael T. Downey has executed and delivered this Second Amendment in his capacity as Trustee of O'Connell Heatherwood Nominee Trust, and not individually, as of the date and year first written above. Michael T. wney, tee as aforesaid and not individually COMMONWEALTH OF MASSACHUSETTS 4 aM , , ss "'�1\ May 11 , 1996 Then personally appeared the above-named Michael T. Downey, and acknowledged the foregoing instrument to be his free act and deed as trustee of O'Connell Heatherwood Nominee Trust, before me, No Pub c 4Q\k My Commiss expires: 110254.d3 SHELLYJ. HEBERT Notary Public My Commission Expires May 24,2002